Sunday, March 25, 2012

On July 4, 1966, President Lyndon Johnson signed the Freedom of
Information Act (FOIA) into law, establishing the public's right to
access to government information. Surprisingly, Republican Congressman
Donald Rumsfeld helped deliver Republican votes to pass the
groundbreaking law.

Since then, state governments followed suit and began passing open
government laws across the country to ensure the public would have
"sunshine" and access to information about the way public services and
tax dollars are managed.

But the laws are out of date and need an overhaul. The explosion in
the use of government contractors at every level of government -- from
local trash services to security contractors in Iraq - has exposed
weaknesses in sunshine and open record laws.

In some cases, conservative governors are even trying to weaken
existing transparency requirements to make it easier to privatize.
Florida Governor Rick Scott's failed proposal to privatize prisons in
eighteen counties included a provision to eliminate the requirement for a
cost-benefit analysis before moving ahead with the deal.
Coincidentally, Florida-based GEO Corporation, one of the largest
private prison companies, is a major contributor to GOP campaigns in the
state.

Under existing law private contractors in states throughout the country are evading oversight
by exploiting loopholes in transparency protections. Most existing
state laws don't pierce the corporate veil and now policy makers,
journalists and advocates no longer have access to basic financial,
performance and workforce information that is essential to government
accountability.